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A Termination Letter to Employee for Breach of Policies is a letter sent to an employee advising them that they are being terminated for not respecting employer policies.
The employer may put in place workplace policies for the safety of employees or specific policies consistent with legislation such as workplace harassment policies. If an employee breaches a workplace policy after the employer has advised the employee to respect the protocols, then the employer may terminate the employee for cause as a result of disobeying the policies.
The letter has the option of describing the specific policies that the employee breached and the dates on which the breach or breaches occurred. Listing the specific policy breaches provides greater clarity to the employee being terminated. This also serves as evidence of termination with cause. Also, the employer or their representative sending this letter has the option of providing specific details about the warnings that the employee received.
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The employer or a person of authority such as human resources or a supervisor will send this letter to the last known address of the employee, to their email address, or by any means of delivering the letter to the employee. This will advise the employee that they are being terminated for breaching workplace policies.
The employer should keep a copy of this letter in the employee's file for documentation purposes.
In Canada, employment relationships are governed by legislation and case law. Depending on the jurisdiction of employment, whether at the federal or provincial level, different laws will apply. At the federal level, the applicable statute is the Canada Labour Code (R.S.C., 1985, c. L-2). Each province will have their own counterpart piece of legislation. For example, in Ontario, the applicable law is the Employment Standards Act, 2000, S.O. 2000, c. 41. Official government websites may assist in describing the parameters of these statutes. Different laws will also apply depending on whether or not the employee is represented by a union. For example, in Ontario, the applicable statute for unionized workers is the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A. These laws govern the relationship between employer-employee and set out the parameters of what is allowed and what is not; including termination notices.
If employee misconduct in the workplace was not severe enough to warrant outright termination, then proof of warnings should also be highlighted in this letter. This shows that the employer repeatedly warned the employee about their conduct. In other words, the progressive warnings have led the employer to terminating the employee.
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